Silverman v. Fidelity & Casualty Co.
Wisconsin Supreme Court
Appeal from an order and from a judgment of the circuit ■court for Milwaukee county: ObReit T. Williams, Circuit Judge. It appears by the record that one Edward Silverman, deceased, was agent of the respondent company at Milwaukee during his lifetime, and that he died insolvent March 31, 1901, owing the respondent, for premiums theretofore collected by him, $1,076.95; that on Saturday, March 30, 1901, he gave to the respondent’s general agent his check on the First National…
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Appeal from an order and from a judgment of the circuit ■court for Milwaukee county: ObReit T. Williams, Circuit Judge. It appears by the record that one Edward Silverman, deceased, was agent of the respondent company at Milwaukee during his lifetime, and that he died insolvent March 31, 1901, owing the respondent, for premiums theretofore collected by him, $1,076.95; that on Saturday, March 30, 1901, he gave to the respondent’s general agent his check on the First National Bank, Milwaukee, for this sum, and that he had on deposit in said bank at that time a larger amount than the amount of…
1Opinion of the CourtWnsrsnow, J.
The circuit court dismissed the appeal and remanded the cause “for further proceedings in accordance with the findings.” This is practically a direction to the county court to vacate the judgment appealed from, for it is plain that no proceedings in accordance with the findings could be taken which did not include the vacation of that judgment. The sole question presented on this appeal is whether that part of the judgment remanding the cause “for further proceedings in accordance with the findings” can be sustained. This question must be answered in the negative, *462botb on reason and…
2Cases cited1 opinion
- Falvey v. O'BrienWisconsin Supreme Court · 1863